Board of Zoning Appeals - Regular Meeting

call to order. Uh would everybody join me in a pledge of allegiance, please? I pledge algiance to the flag of the United States of America and to the stands nationice for all. Okay, Miss Miller sent out the agenda last week. Staff, are there any changes to the agenda? No. Okay, good. May I have a motion to approve the agenda as is?

Second. Okay. All in favor, raise your right hand. Second, it's unanimous. All right. So the first order of business on that agenda is something very special, a recognition of outgoing vice chair John Campbell. And for that uh outgoing chair Bruce Seagull will do the honors. So, we're here today um to recognize uh John Campbell as a two-term serving commissioner and a stint also as vice chair recently.

During his time on the on the commission, he actively prepared for each meeting to understand the issues that were being discussed. He asked both probing and clarifying questions on discussion items that were being presented. He used his extensive knowledge of native islander issues that helped us as other commissioners to inform us of of those issues. He demonstrated a firm grasp of how one decision affects another on planning matters. And he represented the planning commission at various community presentations and events. So in recognition of these and your achievements and in gratitude for your volunteer service, the planning commission and the town of Hilton Island conveys upon you this certificate of appreciation and wishes you all the best in your future endeavors. Thank you, John. you. Thank you. Thank you.

Thank you. Thank you very much, Commissioner Campbell. Serving with you.

Um, now it's my great pleasure to recognize our new planning commissioners. Uh, first on my right, Margaret Huitt and Jeff Turnbull and Bill Redmond. So, welcome. Welcome to you all. We're looking forward to working with you. Um, I'd also like to um recognize Ellen Why, our newly elected vice chair, and thank uh Commissioner Seel again for years of of fantastic leadership uh leading as our our chair here, the planning commission, and we're delighted that you'll be staying on to guide us into the future. Thank you very much. Um, I also want to take this moment to recognize the staff that works with the planning commission. Uh, two members that work with the uh, town's uh, planning department. First, Shay Ferrar, principal planner, and she is our staff coordinator for the planning commission. Uh, Shay, thank you very much for for all you do for us. And then Hannah Miller, administrative assistant for the town's planning department. She serves as the commission secretary and also would like to just recognize Michelle Mueller for all your continued support. Thank you. Okay. We have um one other um announcement that I want to make uh and this is this is for action for our next uh meeting next month. We have um the the planning commission has uh one subcommittee. It's it's the Gulligi land and cultural um land land and cultural preservation task force and um they do very important uh work for for the town. Um actually uh

yesterday um the chairman of that organization um provided a wonderful annual report of the work of that uh committee, Leavon Stevens. And also um the town last night just approved their strategic plan for the next three years. And item number seven is their their goal number seven is preserve, protect and celebrate Golagichi culture and heritage. So so this subcommittee of ours is very important, vital uh for the work of the island and um this planning commission has two members that serve on that subcommittee and that was uh Commissioner Campbell and myself over the past number of years. And um with my new role here and and uh Commissioner Campbell's um retirement from the planning commission, we're going to be selecting two uh new planning commissioners to serve on that um uh task force and we'll do that.

Okay. Next is approval of the June 18th minutes. And uh may I have a motion to approve those minutes from a commissioner that was in attendance?

Second. Okay. Uh any changes? Everything good to go? Okay. All in favor, raise your right hand. Minutes are approved. Next on the agenda, unfinished business, of which there is none. And now we move into new business. We have one item to transact today and I will read the description. It's a request for us, the planning commission's initiation of an amendment to title 16 of the municipal code, the land management ordinance to amend section 16-3-105H, 16-4-102A6, [Music] 16-4-105, and 16-4-102 B1 to allow residential workforce housing within the medical district. And um following staff presentation and any comments from from the public and discussion uh by us uh we will be asked to vote either to approve this request for staff to initiate these uh uh changes to um the amendment or or deny the request. and and if we approve it and staff works on the amendment, they will bring it back to us at our at our August meeting likely uh for us to review and then make our recommendations for town council. So, with that, I'd like to invite um uh assistant town manager Sean Linger to give us our presentation today. Thank you.

Good afternoon, Mr. Chairman, members of the commission, and welcome to our new members. Thank you for your for the existing members. Thank you for your commit continued commitment to the town and for those new members, welcome and thank you for your your ability and contribution to the to the town as well. Um so we do have a request for you this afternoon. Uh these are a little bit unique. So I'm going to spend a little bit of time just kind of walk you through how what why it is and what it is that we we go through when we have these types of of initiations for for amendments to the zoning code uh to the land management ordinance. Um the request before you is coming from Abode Development. They are working in partnership with Novant Health and the Coastal Community Development Corporation, which is a corporation that was recently established to help support workforce housing initiatives, not just on the island, but throughout the uh throughout the Low Country area um particularly in the Buer County area. And they've acquired a number of properties throughout the throughout the community, throughout Bluton uh and other other areas on the mainland side. Um their goal uh in presenting this or asking the planning commission to undertake uh a potential amendment to the medical district is to help support workforce housing related or on property that's owned by Novant Health um and to help support not just Novant Health and the Hilton Head Hospital, but to help support other uh workforce housing needs on the island. Um, and I'll get into a little bit of the details here in a second about the the medical district. There's two different ways when when some when when there's an initiation or when there's a proposal to amend the text of the land management ordinance. There's two ways that that can be initiated. One is when the town is proposing amendments. The town manager can direct town staff to propose an amendment, bring it to planning commission. it gets forwarded to the town council committee and then ultimately to town council for one to for two readings before it's adopted. The other way is that the planning commission can initiate changes to the

to the land management ordinance. Um this is an example of those types of requests. From time to time we do receive private requests from from property owners, from residents that would like to contemplate an amendment to the to the land management ordinance. Uh how we've done that in the past is they will provide us a letter as it's in your packet this this afternoon explaining what it is that they're doing, why they're asking for that request. We will bring that to the planning commission and ask you to to consider whether or not you want to initiate that. Uh as the chairman said, what happens after if if the planning commission says yes, go forth and let's pursue this, we will go to work um as it's as it as it's our amendment um and write text and bring it back to you for consideration. If you bless that text, it goes on to that committee and with town council, which is usually the uh community services and public safety committee, and then with with their uh recommendation will then move on to the full council. That's the process that we're following here this evening or this afternoon. Another example of that that was a successful example of that, I believe, was the Islanders mixed juice, uh which is a request from Mr. Davidson Spain several years ago, came through this process where they approached town staff about an amendment. town staff brought a a a request forward to the planning commission and with planning commission's blessing we we move that forward. So that's the process that we're here to to to outline for you today. Uh representatives of a boat are here in the in the in the audience this afternoon. If you have any specific questions about what it is their project, what they're trying to accomplish, uh they can certainly answer any of those questions. They can respond to the letter that's in in the packet. Uh but in short in our staff report we note that uh there is a site and actually let me just go to the site plan. So we we know exactly what we're talking about. So all of this area I'm going to break this too because I don't know how to zoom with my zoom

buttons are different than my regular computer. So bear with me. All this area that's outlined in blue is zoned medical or medical district. It also has over it what's called a plan development to a PD2 overlay. Uh I believe it's the Paul metal headlands overlay. Um a combination of that base district says that this is for medical purposes. It allows certain medical uses. It also allows some office uses. It even allows residential uses uh but only in the form of a conversion. So a commercial conversion is is how it's titled in the code. What that means is if there are existing nonresidential buildings on a property, they can be converted to residential uses and there is a a square footage requirement or translation in the code. They can be train they can be converted to residential uses provided those those 20% of those units are for workforce housing. There are about 30,000 square feet of existing buildings on this property that's outlined in red. Uh so this is the property in question uh off of Lamont Drive on the really kind of that back side of the hospital, that south side of the hospital. Um and then Betheia Drive that comes down. These are the former rehab buildings that are that are back there. There's about 30,000 square feet of of of current space. Those buildings are not in a condition to be rehabilitated or converted into to residential. um nor would it make any financial sense to convert those buildings into residential, especially at 30,000 ft. The numbers just don't make sense. Um but there is an opportunity because there's uh in red there's a total of 12.6 acres of of property. Um of which a lot of it is wetland. A lot of this area that you see here uh is wetland. Uh but the area along this portion of the property is is upland property and able to be um redeveloped for purpose for for other purposes whether that's medical office or in this

case it's being proposed for housing purposes or workforce housing purposes. Let me go back up to the pre to the staff report. Oh, so the request here is to amend the medical district or the request that's being made is to amend that medical district. That would not that would allow more ways to accomplish residential uses on the property other than just that conversion. Um what the developer would like to do or what the proposal is to take in those on those upland acres add 126 units residential units. These would be apartment um couple three stories tall building um 126 units with 30% meeting up to 80% of the area median income which meets our definitions for workforce housing and then the balance of the site being up to 150% of the area median income. Uh those workers would also be required to uh have what the is the equivalent of full-time um employment on the island. At least one one of the worker or one of the occupants of of each of those buildings would have to be an occupant or have to be a worker on the island. And by full-time, we mean that's 30 hours is how we write that in our our workforce housing agreements. uh if the commission wants to move forward with this or direct staff to move forward with this uh we provided what the criteria are that you're going to be asked to look at uh is it in accordance with the in accordance with the comprehensive plan? Are there any change conditions? Is it demonstrated does it address a demonstrated community need? Is it consistent with the purposes and intent of the zoning districts and the ordinance? would result in a logical and orderly development pattern and would it result or would would not result in significantly adverse impacts on natural environment uh including water, air,

noise, storm water management, wildlife and so forth. Um so as you think about whether or not to initiate, as you're thinking about this from a very high level, these are the criteria that that we look at. These are the criteria you're required to look at. Um, as you start to think about these criteria, if if you feel that this per this this request can start to meet those, then we would advance this to u actual drafting of ordinance and bring that back to you in August. Um, there is a letter included in your packet in addition to a couple of maps for location and zoning. Uh, that highlights I think I highlight grabbed some of your some of the details as far as the the bedroom mix. Uh, we'll have community clubhouse, pool, wellness center. um starts to lay out really some of those those criteria, initial criteria for for the housing development. One map I did not show is is the surrounding zoning. So, if this were to advance, the medical district would not would still be in place. We would just be amending the medical district to allow um workforce housing, new construction workforce housing. And then the applicant would separately have to submit a zoning map amendment because that PD2 overlay I mentioned, they would have to submit a concurrent application that would amend that PD2 overlay that would basically say you can't do residential anywhere in this brown area. It is limited to the area that we are talking about here. So that's the control um that is that the developer is proposing with this. So it's not suddenly that the hospital site's going to be allowed to the entirety of this hospital site's going to be allowed to have residential. It's going to be limited to this spot. So I think I covered everything from that standpoint. If you have questions on the application itself, I'm I'm happy to answer those. Um otherwise, we can move forward from there.

Questions? Yeah, Sean, I'm I'm uh comfortable with the first five of those criteria or considerations that you've listed for us, but with the information we have currently, uh how would we know about that it would not result in significantly adverse impacts on the natural environment? We we haven't seen anything that gives us that information yet. So, how how would we have assurance that that that one would be okay?

So, the insurance would come through the development plan review process. And so um and there's a lot of regulations already in place that protect wetlands and require certain things. As I mentioned, there are wetlands on the site. There is no proposal uh as part of this. And and this is where maybe Brian or Keith could come up and and talk to you about a little bit about the wetland impact. There is no wetland impact that's being proposed uh that I'm aware of. Um but that would certainly be something that our other regulations that are in the code would would help mitigate as well. So, in a future presentation, we'd be given more information to give us help us understand that better. Help you understand that.

Okay. Well, and I I certainly wanted to highlight uh part C addresses a demonstrated community need. It totally does. And so, I'm I'm planning to support this. And if I could on that last item too, um it's by by amending the zoning district, we aren't suddenly allowing some we aren't suddenly re relaxing some control that would otherwise allow you to impact more trees, more wetlands or anything like that. So all of the standard all the the all the regulations that we currently have in place would exist um despite this amendment. The amendment would only be to allow residential use into this district. question is since it is a designated medical area, how do we know that this doesn't impede or impact future or anticipated medical needs uh given the finite spaces that we have on the island and are we adequately covered for the hospital or other medical needs in that specific area? So there are additional properties that are available for for medical um that that there are also and and and also when we when we modify the medical district we we are we are not eliminating medical use from this. So long term many years out this could always convert back to something else. Um there's always that ability to do that. But there there are other lands there uh in this area in this vicinity. There's there's a number of vacant properties even along Main Street that have a medical zoning or have zoning in place that could accommodate medical use. Um we also have other zoning districts on the island that even though they are not zoned medical per se, they are zoned uh general like commercial and they also allow medical uses. So there are many other opportunities for for medical uses on the island besides just our central campus that we think about as a hospital and having medical uses.

Hi good. How are you? Um so you mentioned the upland acreage would be what's covered. So out of the 12.6 how much is 5.4. So, I noticed that you're um looking at the 164105 to change. What specifically in the workhouse for workhouse workforce housing uh program uh ordinance are you looking to change?

So, in the workforce housing program, it lists what you can do in certain zoning districts. So in that in that workforce housing program, we would have to list medical we would have to address some of the the district requirements that are within that that ordinance. So it talks about R4. It talks now about RM12 based on some recent changes we've had. Um and it talks about a number of other districts including medical from a conversion standpoint. So we have to modify that language to not just only allow conversions but also allow new construction. That's we're not changing what the definition of workforce housing is. Um it's still going to be 80 to I think it'sund 100% or 60 to 100 100% in our code depending on whether it's rental or it's it's it's for sale. Um so none of those requirements are changing. It's simply to to to tie housing in the medical district back to workforce housing as new construction.

What's zoning change contemplated to be? Is that going to be like a spot zoning exercise? No, it's still the zoning will still be medical. All we're doing is we're we're allowing we're introduc we're we're allowing we're allowing additional residential use within the the medical district.

Medical district. Correct. So, is there a code up? Is there a code pulled up here by chance? Which one would I click on? Is this it? Nope.

Yeah. Sorry, I don't have the code to pull. I pull up the code and show you exactly what we're talking about, but I don't have that code. Yeah. Handed. Yes. And I think you have the planned uses table.

Oh, it is. It is up here. All right. I didn't scroll. Thank you. So, right now for residential uses in this district, we allow group living. So, think assisted living. and we allow mixed use multif family and workforce housing. What this is all pointing back to is that we allow these types of uses but only as a conversion. So in this case on this property there's about 24 30 24 to 30,000 square feet of of of of building on that property. That's all they would be allowed to do is convert that existing square footage because it's non-residential. convert that to residential based on there's a there's a table in the code that table here but that's okay. There's a table in the code that is basically says for this side for a one for a studio unit has to be this many square feet. For a onebedroom unit it has to be this many square feet. So they could take that 24 to 30,000 square feet and convert it into however many units they're able to yield based on those square footage requirements.

So with respect to that um the workforce housing program since this is going to stay a medical zoning district. It's not going to be an RM4. There's no density bonus contemplated. No, but we would establish a density in this code. So in this code, if I scroll down to the residential section, actually this has it mapped in. So this is what the code this was what the applicant's proposing. So the applicant's proposing to put in a 10 dwelling unit per acre. Um that's just what's allowed for that that for for workforce housing. There's not a density bonus. There's not anything because right now there is not a residential density in the in the in the medical district.

And last question, Edgewood Drive and Hilton Head Plantation, there are water problems back there. So how is part of the development program? Yeah. Are you going to be working with Hilton Head Plantation to deal with those water problems because it's backing right up into this area and the buildings that are there are basically one story low, you know, uh, usage. There's not going to be a lot of uh per I'm assuming it's not going to be a lot. It's going to be a lot more impervious cover there.

There will be more impervious cover. And yes, there has been. Now, town has not had specific conversation with Hilton Head Plantation at this point. I I know the the applicants have had conversation with Hilton Head Plantation. and they they they engaged with them early and continue to be engaged with them through this process. Other questions?

Thank you for your presentation. I'm I'm looking at um consideration E would result in logical and orderly development pattern. In that context, my question to you is what other zoning districts if we approve this and it becomes changed set a precedent by doing that. What other zoning districts could later come before us and see similar concessions? Looking at light industrial. So when it comes to

commercial, are there other ones that are in a similar position that would later come to us if we set this precedent?

So a lot of our commercial districts, a lot of our other districts are already allowing mixed use or residential use of some type. um many of our our our commercial districts, we have a number of mixed use districts where they are already allowing residential today um at various densities anywhere from 16 units per acre all the way down to four units per acre. It depends on the district. Now, I I'm one that tends not be as concerned just professionally um in my career with with precedent because the precedents are never the same. Um there's always reasons, different reasons for doing different things. Um in this particular case, when when we when we think about medical district, when we think about the workforce, when we think about the impact to services on our island, um it's a little bit different than than an industrial district. It's a little bit different than some of these other areas. Um so I tend not to get concerned about it, but could someone certainly apply and and ask to do something similar for another district? Yes.

Make similar arguments. You know, this isn't this isn't applicable. I can't convert this existing commercial building. I need to tear down potentially, but then we'd have to evaluate that at point at that point in time and see if that made sense. It it may not make sense in that case. So that we always have that ability I and that's where it's important as we make decisions about this that we're clear in why we're making these decisions. We don't have to do that today to initiate, but when we go to approve something, that's where we just have to be very deliberate and very clear in in in why we're we're taking certain actions. My understanding, correct me if I'm wrong, my understanding is that the the big change here is that it's new construction. Correct.

That is that is the big change. You a residential is allowed today, but only under converting existing non-residential buildings to residential uses. Big change would be new construction of residential. It would be new construction. New residential construction is the change. It is on a quick question. So if we say proceed, let's let's work through this. The change would be to the entire medical district, not to the red outline. So you're not rewriting a map for this for that zoning area, saying it's something of a hybrid. This would be a change that allows new construction for residential throughout the medical district.

Correct. Yes, but with one But not it's

I'm not saying it's good or bad. No, it's the answer is we're we're we're introducing that use into the medical district, but that use is going to be conditioned. That condition, at least in in how we're thinking about this, is one, you're allowed to build new residential construction under two conditions in medical district. One uh is it has to be workforce housing. has to meet that those thresholds that you saw on the applicants letter that it's 30% up to 80% up and then um or up yeah 30% of the units up to 80% AMI need to be workforce housing. The other caveat to that will be uh it has to be tied to a PD2 overlay where we limit or we identify exactly where in the medical district this is going. So, if let me get down to that map again. I'm sorry. I'm much better at navigating this for council meetings. This is a little bit different setup, so bear with me. So, if this entire blue area is medical, what we're talking about is limiting the residential through the PD2 overlay to this area in red. It doesn't mean that this property over Well, that's probably a bad example. I think that's a library. Um it doesn't mean that this property up here could suddenly come in tomorrow and and and have by right residential zoning on it. They would have to come forward and amend the PD2 which is an option that would come before the planning commission also have to go to town council in order to gain that right. Um so we are trying to put some limits on that because we want to be very protective of the medical zoning district for for the reasons that Mr. Lo mentioned earlier. It's it's an important zoning. We have we have a finite amount of it and so that's how we're we're providing some protections to that zoning district.

Commissioners, one more quick question just because I like to verify this. Is the minimum lease on this one year, i.e. no short-term rentals? Yeah, I've got saying yes. What percentage of the red area now is developed and what percentage is green space?

Uh kind of a better I have a better map up here. Um so the area that's developed right now as you come in off of um Lamont Drive on the Ptheilla. There's a funeral home here right at the corner. I if you can see my cursor, sorry. There's a there's a funeral home right here at the corner. And then there are several buildings scattered along this area and around this culde-sac that's here right now. Um that's the that's the limit of of the development. Um so what would happen um what at least what the plan is is that that development would extend a little bit farther down to to incorporate some of the upland area that's down at the southern tip of the of the property. So still the same developed area to the northern end, but to the southern end adding a little bit more space, adding more a little bit more development to the site. All of this wetland would still be protected. When was the last time a wetland survey was done on that property?

Uh they will need to do another one, but I don't know if they No, they did one in February. So, yeah, they have one. Okay. Um, would would the applicant like to address the commission?

Good morning. Thank you very much for your time. Um, I guess I will open it up with are there any questions specifically for Brian Quinn and myself, Keith Gastreski of about and we're also here with our partners uh representing CCDC as well. Yes, Commissioner. Thank you. I'd like a little bit more information about what exactly makes the existing buildings nonconvertible.

Um, they're not conducive. I don't know if you've been back there in a while. Um, I think that question would be answered if you took a drive back there right now. Um, but um, you know, I mean, they're set up for rehabilitation facilities. Uh there's a pulmonary center. Um there's medical offices that have um once Hurricane Matthew came through. Um those buildings were pretty much vacated. Um mainly because of all the abuse that they took during the storm. So if you go through the back area, which used to be some of the medical center off medical offices, um I mean the leaks the the leaks have been going through there. You know, the roof's been leaking for four or five years straight. It's a moldy mess in there as well. Um, and the layout itself along with the parking, it's just not conducive to a conversion. Um, and I think it's important also to note that, you know, uh, as Sean had said, you know, a commercial conversion is a 20% conversion for workforce housing. Um, we're we're proposing 30%, so we're trying to kind of one up it a little bit too, just to, um, maybe even just sweeten the deal a little bit, you know, for it. But, uh, we're we're excited about, you know, the opportunity to kind of do some things a little different over there with, um, the layouts and maybe even pull back some of that from Hilton Head Plantation. There's one building, uh, well, there's two buildings. There's a there's a garage space and there's another building that's really right on that line. So, we're pulling back um, kind of closer inland a little bit. Has the ownership of this subject area changed hands or has it remained consistent since the conditions that you described to now seeking this new construction or has it has there been a new owner? Is it the same owner? the um Novant acquired land with the acquisition of the hospital in February of 2024 and we will be uh this land will come

into a joint venture with the hospital CCDC and our our team and it'll be a joint venture that will control that um with uh CCDC as a um anchor partner in that joint venture if that helps. Questions you mentioned that learn how to use his mic. Um, you mentioned a remaining 70% of the units to serve between 80 and 150% AMI. Any kind of feel for what that might look like because it in theory says 70% could be at the 150 rate or they could be at the 80% rate.

Absolutely. We've we've modeled it out that we have 30% at 80% AMI or below and then we're staggering it between 100 120 and some of the units at 150. So an equal split equally

equal split. We feel that um and it's very important to the hospital as well who's been a wonderful partner that it is a true community accessible to not only the health care staff but teachers, service staff, fire and rescue, first responders. Um I even had a conversation with uh my first conversation with Hilton Head Plantation. The um board president said, "Can our staff live there? We have we have members coming two hours away to come work three 12-hour shifts a week. two hours away to be security staff there. And it was a the light in the room when we had that conversation. So, we want to make sure the orientation of this project is to serve those in the community that do need um our support. You're welcome. Questions? All right. Any question?

Sure. Yes, ma'am. Not that it's a perview of the planning commission. Just out of curiosity, what do you expect the market rent to be? The market rate? Well, we do have an average market rate, but we will be one, two, and threebedroom mix. So that will vary. Um we we've modeled I can get back to you on that for the next presentation for the average rate. Um we're looking at we're doing some research with CCDC on the demand for one twos and three. We have a nice model now. Um but we'll do a little sensitivity analysis on that. But I'll be able to share that with you our next presentation if we have the opportunity.

All right. Uh anyone from the public would like to to sense Okay. Well, um let's thank you very much. Let's bring it back to the dis. Um any further discussions before we um ask for a motion. Can I get a motion? Yes. I will make a motion that we move. Do we have a sample motion that we can provide for Miss Miller? I I think what you

Okay. Well, that's good. I I like that. Would anybody like to second uh Commissioner Lubal's motion? Okay, we've got second. Okay. Any more discussion on the topic? Okay. Well, um all in favor, please raise your right hand. oppose. Looks like it's unanimous. Thank you very much. Thank you. Thank you, Mr. Lagger. Okay. Uh, next up is public comment uh for any non-aggenda items. Uh, Hannah, were there any anybody signed up for that? No, sir.

Okay. Would anybody in the public like to make any comments on any non agenda items? Seeing none, uh we're now at the chairman's report, of which there are none. Uh any staff reports? No staff reports. At that with that, uh may I get a motion to adjurnn? So moved. And uh ajourn. There you go. Good job.